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    Supreme Court: Adultery Not A Crime, Women Not Property of Husbands, But Still Civil Wrong

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    PJ 123
    The Supreme Court ruled that adultery is no longer a criminal offense in India and that women are not the property of their husbands. The court declared two sections of criminal law dealing with adultery and prosecution for offenses against marriage to be unconstitutional. The court said that any laws treating women unequally are unconstitutional and that the time has come to recognize that husbands are not masters over women. Adultery can still be grounds for civil proceedings like dissolution of marriage, but it should not be a criminal offense.

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    Supreme Court: Adultery Not A Crime, Women Not Property of Husbands, But Still Civil Wrong

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    PJ 123
    36 views1 page
    The Supreme Court ruled that adultery is no longer a criminal offense in India and that women are not the property of their husbands. The court declared two sections of criminal law dealing with adultery and prosecution for offenses against marriage to be unconstitutional. The court said that any laws treating women unequally are unconstitutional and that the time has come to recognize that husbands are not masters over women. Adultery can still be grounds for civil proceedings like dissolution of marriage, but it should not be a criminal offense.

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    Adultery

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    The Supreme Court ruled that adultery is no longer a criminal offense in India and that women are not the property of their husbands. The court declared two sections of criminal law dealing with adultery and prosecution for offenses against marriage to be unconstitutional. The court said that any laws treating women unequally are unconstitutional and that the time has come to recognize that husbands are not masters over women. Adultery can still be grounds for civil proceedings like dissolution of marriage, but it should not be a criminal offense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views1 page

    Supreme Court: Adultery Not A Crime, Women Not Property of Husbands, But Still Civil Wrong

    Uploaded by

    PJ 123
    The Supreme Court ruled that adultery is no longer a criminal offense in India and that women are not the property of their husbands. The court declared two sections of criminal law dealing with adultery and prosecution for offenses against marriage to be unconstitutional. The court said that any laws treating women unequally are unconstitutional and that the time has come to recognize that husbands are not masters over women. Adultery can still be grounds for civil proceedings like dissolution of marriage, but it should not be a criminal offense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Supreme Court: Adultery not a crime, women not property of

    husbands, but still civil wrong

    The bench comprising Chief Justice Dipak Misra and Justices R F Nariman, A M
    Khanwilkar, D Y Chandrachud and Indu Malhotra held that Section 497 is
    unconstitutional.

    The CJI and Justice Khanwilkar said: “We declare Section 497 IPC and Section
    198 of CrPC dealing with prosecution of offences against marriage as
    unconstitutional“.
    The court said any provision treating women with inequality is not constitutional
    and it’s time to say that husband is not the master of woman.

    The CJI said section 497 of the IPC is manifestly arbitrary the way it deals with
    women. The bench held that adultery can be treated as civil wrong for dissolution
    of marriage.

    There can’t be any social licence which destroys a home, the CJI said, but added
    that adultery should not be a criminal offence.

    The court said adultery can be a ground for civil wrong, a ground for divorce but
    not a criminal offence. Justice Chandrachud said autonomy is intrinsic in dignified
    human existence and Section 497 denudes women from making choices and held
    adultery as a relic of past.

    Legislature has imposed a condition on sexuality of women by making adultery as


    offence, he said, adding that section 497 is denial of substance of equality. He said
    Section 497 is held to be unconstitutional as adultery is manifestly arbitrary.
    https://www.thehindubusinessline.com/news/sc-declares-penal-provision-on-adultery-
    unconstitutional/article25055821.ece#

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